Arts Commission
Appointment of Ms. Kim Fowler for a term expiring January 1, 2011. Ms. Fowler will fill the unexpired term of Ms. Ivanetta Davis Samuels. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

CATV Special Committee
Appointment of Ms. Kristal Hall Boone for a term expiring March 1, 2009. Ms. Boone will fill the unexpired term of Ms. Marcie Smeck. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Farmers Market Board
Appointment of Ms. Tana Comer for a term expiring May 17, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Transit Authority
Appointment of Mr. Thomas F. O’Connell for a term expiring May 18, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Without objection, the rules were suspended for consideration of one late (1) resolution.

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended that the resolution be withdrawn. Mr. Hunt moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended an amendment and indefinite deferment. Mr. Ryman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to defer the resolution indefinitely as amended, which motion was seconded and adopted by a voice vote of the Council.

A resolution authorizing the reapplication for an amendment to a portion of the Music Valley Drive Planned Unit Development to permit the development of a hotel, which amendment was previously disapproved by the Council within the past year. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Claiborne moved to adopt the resolution, which motion was seconded and failed by the following vote: “Ayes” Barry, Maynard, Jameson, Bennett, Stanley, Claiborne, Page, Holleman, McGuire, Dominy, Wilhoite, Todd (12); “Noes” Garrett, Tygard, Harrison, Hunt, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, Durbin, Gilmore, Baker, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Mitchell (21); “Abstaining” Steine, Moore (2).

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, for funding assistance with registration fees for members to attend the Americans for the Arts Annual Conference. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the purposes of providing a summer enrichment program for the neighborhood children of the Cleveland Park Community Center. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Ms. Murray moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving a grant application to the National Endowment for the Humanities, from The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library to exhibit “John Adams Unbound” a display of his enormous contributions to the founding of America. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County for programs to provide training in the insulation field to apprentices who will participate in instructor-led course work and receive training on job sites in the field (08-09-FY8-3AP-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare youth for re-entry into the labor force and training for those facing serious barriers to employment (No. 08-09-PY7-309-YOUTH). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, for programs to prepare dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (09-09-PY8-309-YOUTH). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults, youth, and dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (No. 08-09-PY7-109-ADMIN). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare adults for re-entry into the labor force and training for those facing serious barriers to employment (No. 08-09-PY7-209-ADULT). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the State of Tennessee Department of Labor and Workforce Development to The Metropolitan Government of Nashville and Davidson County for programs to prepare dislocated workers for re-entry into the labor force and training for those facing serious barriers to employment (No. 08-09-PY7-409-DSLWK). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an application for the Governor’s Highway Safety – Alcohol Saturation Grant from the State of Tennessee, Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to enhance the enforcement of driving under the influence laws to reduce traffic fatalities. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an application for the Healing Hearts Intensive Victims Services Project Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide TennderCare Outreach services for enrolled children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for tuberculosis prevention, outreach, and control services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for breast and cervical cancer screenings. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for air pollution control. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide care coordination services for the children’s special services program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the State of Tennessee, Department of Health, for laboratory testing for particulate matter and environmental testing. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to include the Families First grant with the Help Us Grow Successfully (HUGS) program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the Help Us Grow Successfully (HUGS) program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide dental services to those children who qualify for TennCare. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving a clinical affiliation agreement by and between Lipscomb University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide students clinical pharmacy instruction and training. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health and United Neighborhood Health Services, to provide a pilot smoking cessation program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving a clinical affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health and Vanderbilt University, to participate in a program of clinical instruction and training for nursing students. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide sexually transmitted disease services and HIV/AIDS prevention and surveillance. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving an amendment to a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide primary health care services to the homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide community development services to reduce health disparities and increase the quality and longevity of life. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for breast and cervical cancer screenings.
The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for family planning services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a State Aid Contract from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the resurfacing of Mt. View Road, Project No. 19-960-8405-04. The Budget and Finance and Public Works Committees recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution accepting a State Aid Contract from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the resurfacing of Hamilton Church Road, Project No. 19-960-8407-04. The Budget and Finance and Public Works Committees recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution approving cooperative agreement No. 08E4TN2250019 with the United States Department of the Interior - United States Geological Survey for continuation of a program to operate and maintain a ADVM gauge on the Cumberland River and water quality monitors and streamflow gauges in several streams in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution approving a mutual aid and assistance agreement between The Metropolitan Government of Nashville and Davidson County and participating public and private utilities with regard to the coordination of response activities and resources during emergencies. The resolution was approved by the Budget and Finance and Public Works Committees; the Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Toler moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $750,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Fire Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $13,740,502.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of General Services of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $ 100,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Health of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $1,310,200.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Information Technology Services Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $1,000,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Police Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $1,250,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Public Library of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Parks, Library and Recreation Committee; the Budget and Finance Committee recommended deferment. Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kathleen Baker against the Metropolitan Government and Metropolitan Hospital Authority for the amount of $250,000.00, and to settle the loss of consortium claim of her husband, Rick Baker, against the Metropolitan Government and Metropolitan Hospital Authority for the amount of $235,000.00, for a total of $485,000.00 and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution authorizing the Metropolitan Department of Law to compromise and settle The Metropolitan Government of Nashville and Davidson County’s claims against Charles Gary Mallory for not less than $60,800, payable over the course of three years, and directing that this amount be paid into the Benefit Board Pension Plan Fund. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution authorizing the Metropolitan Department of Law to compromise and settle: (1) Nashville Speedway USA’s claims against the Metropolitan Government; and (2) the Metropolitan Government’s claims against Nashville Speedway USA and Dover Motorsports. Nashville Speedway agrees to become a $25,000 sponsor of the 2008 Tennessee State Fair, and to the extent the 2009 event is held at its current location, a $25,000 sponsor of the 2009 Tennessee State Fair. All funds received pursuant to this agreement shall be paid to the Metropolitan Board of Fair Commissioners. The resolution was approved by the Budget and Finance Committee. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Public Works, for the purpose of collecting and disposing of waste tires. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Cole moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance amending Section 16.24.330 of the Metropolitan Code to prohibit the excessive accumulation of wood chips/mulch. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

An ordinance to approve an affiliation agreement by and between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County to provide student clinical instruction and training with the Davidson County Drug Court. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

An ordinance approving a lease agreement between the Metropolitan Government and Square Investment Holdings, LP for space in the Washington Square Building located at 222 Second Avenue North. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

An ordinance approving the disposition of a certain parcel of property located at 0 Cockrill Bend Boulevard, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2008M-040U-7). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance abandoning an 84” Brick-Combination Sewer Line and Easement in connection with Project 07-SL-0222, Griffin Plaza, shown on Map 093-09, Parcels 303 and 090, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-016U-9). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

Without objection, the rules were suspended for consideration of one late (1) ordinance.

An ordinance adopting the Capital Improvements Budget and Program 2008-2009 through 2013-2014 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2008-2009. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to CS district properties located at 497 and 501 Old Hickory Boulevard, approximately 3,000 feet south of Tolbert Road (7.33 acres), all of which is described herein (Proposal No. 2008Z-040G-06). The bill was disapproved by the Planning Commission. In the absence of the sponsor, Mr. Tygard moved to defer the bill, the bill being requested by Lori Moss, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-206

An ordinance amending Section 3.08.010 of the Metropolitan Code of Laws to include certain officers employed by the Davidson County Sheriff’s Office in the pension plan for members with fire and police credited service. Mr. Cole offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 3.08.010 of the Metropolitan Code to include certain officers employed by the Davidson County Sheriff’s Office in the pension plan for members with fire and police credited service. The Budget and Finance, Personnel-Public Information-Human Relations-Housing and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Cole moved to defer the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the Metropolitan Government to participate with Towering Oaks Developing Group, LLC., to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Towering Oaks Pumping Station. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the Metropolitan Government to participate with Old South Properties, Inc., to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Old Hickory Pumping Station. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the Metropolitan Government to participate with Beazer Homes, Villages of Riverwood, to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Villages of Riverwood. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance abandoning an 8” sanitary sewer line and easement that will be converted to a Private Service Line in connection with Project 07-SL-0224, West Nashville Heights Church of Christ, shown on Map 102-11, Parcels 003, 004, and 005, 6833 Old Charlotte Pike and 825 Templeton Drive and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-003U-7). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the acquisition of property by negotiation and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 65 Harbor Cove Drive, 326 Dry Creek Road, 950 Forest Acres Court, 3821 Leona Pass, 3809 Leona Pass, 3829 Leona Pass, 508 Pauls Trail, 640 Gaylemore Drive, 3812 Leona Pass, 2554 Miami Avenue, 2514 Miami Avenue, 3817 Leona Pass, and 3808 Leona Pass. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapter 2.176 of the Metropolitan Code to change the rate of the special assessment to be levied on real property within the area of the Gulch Central Business Improvement District. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapter 5.16 of the Metropolitan Code to authorize the collection of a forty-five dollar ($45.00) “victims assistance assessment”, and to designate a victims assistance program to receive funds collected through the assessment. The Budget and Finance Committee recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Sections 15.20.045, 15.20.050, 15.20.060, 15.36.040, 15.36.070, and 15.36.080 of the Metropolitan Code of Laws to clarify when capacity fees are applicable and procedures for collection and the circumstances under which capacity and tap fees may be paid in installments. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 16.24.330 of the Metropolitan Code exempting school property from the requirement that motor vehicles be parked on a paved or graveled driveway. The bill was approved by the Codes, Fair and Farmers Market and Education Committees. Ms. Moore moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapter 16.36 of the Metropolitan Code to establish a “Green Permit” for sustainable design development. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to repeal Ordinance No. BL2001-777 in its entirety. The Budget and Finance Committee recommended an amendment and deferment. Mr. Cole offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole moved to defer the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance approving an anonymous donation of $10,000 for the use and benefit of the Davidson County Drug Court program. The bill was approved by the Budget and Finance Committee. Mr. Cole moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning Alley No. 2007 (Proposal Number 2007M-238U-3). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning right-of-way and easements for Alley No. 232 (Proposal No. 2007M-247U-9). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 442 (Proposal No. 2008M-036U-10). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Carothers Road as “Grace Point Lane” (Proposal No. 2008M-051G-12). The bill was disapproved by the Planning Commission and approved by the Emergency Communications District Board. The Public Works, Traffic and Parking and Planning, Zoning and Historical Committees recommended indefinite deferment. Mr. Toler moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2007-19

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the historic overlay district to 548 properties in Germantown bounded by Rosa Parks Boulevard, Jefferson Street, Hume Street, and 2nd Avenue North (92.04 acres), zoned R6, SP, OR20, MUN, MUG, CS, CF, and IR and within the Phillips-Jackson Redevelopment District, all of which is described herein (Proposal No. 2007Z-167U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore offered a second substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the historic overlay district to 548 properties in Germantown bounded by Rosa Parks Boulevard, Jefferson Street, Hume Street, and 2nd Avenue North (93.08 acres), zoned R6, SP, OR20, MUN, MUG, CS, CF, and IR and within the Phillips-Jackson Redevelopment District, all of which is described herein (Proposal No. 2007Z-167U-08). Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

Without objection Bill Nos. BL2007-94 and BL2007-95 were considered together.

BILL NO. BL2007-94

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM9 to MUL a portion of property (1.10 acres) and from MUL to RM9 (.43 acres) located at Bell Road (unnumbered), approximately 465 feet north of Bell Forge Lane (1.53 total acres), and also located within the Ridgeview Urban Design Overlay district, all of which is described herein (Proposal No. 2008Z-002U-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Duvall offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM9 to MUL a portion of property located at Bell Road (unnumbered), approximately 465 feet north of Bell Forge Lane (1.53 acres), and also located within the Ridgeview Urban Design Overlay district, all of which is described herein (Proposal No. 2008Z-002U-13).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planning Unit Development approval for a portion of property located at Bell Road (unnumbered), approximately 520 feet north of Bell Forge Lane (5.2 acres), currently located within the Ridgeview Urban Design Overlay, to permit 40,411 square feet of retail space in three buildings, all of which is described herein (Proposal No. 2007P-005U-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of the Ridgeview Urban Design Overlay district located at Bell Road (unnumbered), zoned RM9 and MUL (5.2 acres), all of which is described herein (Proposal No. 2003UD-003U-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Duvall moved to defer the bill on third reading, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 to CL zoning property located at 2110 Meharry Boulevard, approximately 255 feet west of 21st Avenue North (0.2 acres), all of which is described herein (Proposal No. 2008Z-019U-08). The bill was disapproved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment. Ms. Gilmore moved to defer the bill on third reading, the bill being requested by Glen and Chandra Jamison, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the previously approved Fern Avenue Lofts Specific Plan for properties located at 1206 Brick Church Pike and 40 Evergreen Avenue, at the southwest corner of Brick Church Pike and Fern Avenue (1.26 acres), by adding and changing .19 acres of land located at 1204 Brick Church Pike zoned CS to SP to allow 64 multi-family dwelling units on three properties, where 45 were previously approved on two properties, all of which is more particularly described herein (Proposal No. 2006SP-159U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning property located at 3714 Benham Avenue, approximately 290 feet north of Glen Echo Road (0.85 acres), to permit the development of 6 single-family dwelling units, all of which is described herein (Proposal No. 2006SP-177U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. McGuire moved to defer the bill on third reading, the bill being requested by Gresham Smith and Partners, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “family” to include a group of not more than eight unrelated elderly persons living together as a single housekeeping unit, all of which is more particularly described herein (Proposal No. 2008Z-011T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms .Wilhoite moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to amend Section 17.24.100.A (Replacement of Trees) as to calculation of tree density, all of which is more particularly described herein (Proposal No. 2008Z-025T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

Without objection Bill Nos. BL2008-159 and BL2008-197 were considered together.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, for preliminary approval for property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), to permit 255 single-family dwelling units, 173 townhome units, 23 cottages and 51 duplex lots for a total of 553 units, zoned RS20 and proposed for RS10 and RM9 zoning, all of which is described here in (Proposal No. 2006P-013G-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to RM9 and RS10 zoning property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), all of which is described herein (Proposal No. 2006Z-124G-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Hunt moved to defer the bills on third reading, the bills being requested by Umbrella Investments, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a Planned Unit Development district applicable to various properties located on the east side of Sawyer Brown Road, (12.9 acres), zoned R20, to remove the approved sidewalk along one side of Briksberry Court and Huntwood Place, all of which is described here in (Proposal No. 94-83-G-06). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. In the absence of the sponsor, Mr. Tygard moved to defer the bill on third reading, the bill being requested by Barry Construction Company, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CS zoning 0.67 acres of right-of-way belonging to the State of Tennessee located on the east side of Liberty Lane, south of Vietnam Veterans Boulevard, all of which is described herein (Proposal No. 2008Z-007G-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to create the use “animal boarding facility” as a use permitted with conditions (PC) in the IWD and IR districts, all of which is more specifically described herein (Proposal No. 2008Z-028T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to check cashing, title loan, pawnshops, and cash advance establishments, all of which is more specifically described herein (Proposal No. 2008Z-032T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Planned Unit Development District approved by Ordinance No. BL2005-746, as amended, for property located at 8042, 8050, 8058, and 8100 Highway 100, (10.12 acres), approved for a 3,000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet of retail and 12,000 square feet of office space, to modify the signage provisions, all of which is described herein (Proposal No. 2005P-017G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance approving an increase in probation supervision fees. The bill was approved by the Budget and Finance Committee. Mr. Cole moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS15 district north of Woodmont Boulevard between Lynnbrook Road and Estes Road and along Cantrell Avenue, Cantrell Square, Oaklawn Avenue, Westmont Avenue, Wilson Boulevard, Woodlawn Drive and Woodmont Boulevard (46.37 acres), all of which is described herein (Proposal No. 2008Z-045U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending and canceling a portion of the preliminary plan for properties located at Old Franklin Road (unnumbered), approximately 660 feet north of Crossings Boulevard, classified R10 and AR2a and located within the Crossings Planned Unit Development Overlay (5.38 acres) to remove one parcel and a portion of another from the boundaries of the PUD and to remove a portion of Crossings Circle right-of-way from the approved PUD plan, all of which is more particularly described herein (Proposal No. 84-87-P-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to R6 zoning properties located 4518 Michigan Avenue, at the intersection of 46th Avenue North and Michigan Avenue (.18 acres), all of which is described herein (Proposal No. 2008Z-018U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CS zoning property located at 2712 Shacklett Drive, approximately 1,030 feet west of Donelson Pike (0.44 acres), all of which is described herein (Proposal No. 2008Z-020U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to CL district property located at 415 W. Trinity Lane, approximately 560 feet west of Monticello Drive (4.10 acres), all of which is described herein (Proposal No. 2008Z-039U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 and MUL to SP-MU zoning for the H2O development located at 6950 Charlotte Pike and Cabot Drive (unnumbered), extending from Charlotte Pike to the Cumberland River (23.93 acres), to permit an urban waterfront district consisting of a mixed-use development containing retail, office, residential, hotel, boathouses, and various civic spaces with associated parking structures, garages and lots, all of which is described herein (Proposal No. 2008SP-006U-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Mitchell moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the preliminary plan for property located at 6834 Charlotte Pike, approximately 450 feet east of Templeton Road, classified CL (6.04 acres) to permit the development of two hotels totaling 133,500 square feet, all of which is more particularly described herein (Proposal No. 144-66-G-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 and AR2a to RS80 district east of Union Hill Road, along Brick Church Pike, Dry Creek Road, and Hitt Lane (1,086.25 acres), all of which is described herein (Proposal No. 2008Z-046G-02). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan of Lakeshore Meadows Planned Unit Development located abutting the south margin of Coley Davis Road and the east margin of Dona McPherson Drive, classified CL and RM6, (18.39 acres) to permit a 94 bed, assisted-living facility containing 103,625 square feet in lieu of an approved 10,000 square foot commercial building, increasing the total approved square footage from 366,164 square feet to 457,789 square feet for the overall development, all of which is more particularly described herein (Proposal No. 93-86-P-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2008-201

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to add new regulations for digital billboards and to prohibit LED message boards in residential zoning districts, all of which is more particularly described herein (Proposal No. 2008Z-006T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Steine offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS3.75 to MUN district property located at 1923 Britt Place, approximately 430 feet west of 19th Avenue North (0.17 acres), all of which is described herein (Proposal No. 2008Z-027U-08). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Page, Moore, Durbin, Gilmore, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (32); “Noes” (0); “Abstaining” Claiborne (1).

A resolution requesting the Metropolitan Board of Public Education to require certain administrative staff to serve a limited number of days as substitute teachers to assist with the substitute teacher shortage within the Metro Nashville Public Schools. Mr. Dominy offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.